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    Rights statement: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Chinese Journal of International Law following peer review. The definitive publisher-authenticated version Steven Wheatley, The Emergence of New States in International Law: The Insights from Complexity Theory, Chinese Journal of International Law, Volume 15, Issue 3, September 2016, Pages 579–606, https://doi.org/10.1093/chinesejil/jmw006 is available online at: http://chinesejil.oxfordjournals.org/

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The emergence of new states in international law: the insights from complexity theory

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The emergence of new states in international law : the insights from complexity theory. / Wheatley, Steven Michael.

In: Chinese Journal of International Law, Vol. 15, No. 3, 01.09.2016, p. 579-606.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

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Wheatley, Steven Michael. / The emergence of new states in international law : the insights from complexity theory. In: Chinese Journal of International Law. 2016 ; Vol. 15, No. 3. pp. 579-606.

Bibtex

@article{8104c990994d4c9b86de5ef7dcff2814,
title = "The emergence of new states in international law: the insights from complexity theory",
abstract = "Doctrinal controversies and the disputed international status of Kosovo and Palestine suggest that it is difficult for us international lawyers to know with any certainty when a new State has emerged in the international community. The contention here is that we should look to systems theory thinking—specifically complexity theory—to make sense of the law on statehood. Systems theory directs us to conceptualize the State in terms of patterns of communications adopted by law and politics actors and institutions and applied to subjects. Complexity tells us that these patterns develop without any central controller or guiding hand and that they exist only as a consequence of the framing of law and politics communications by a third party observer. The argument developed in this article is that these insights can provide the intellectual “scaffold” around which we can build our model of the international law on statehood.",
keywords = "Statehood, Recognition, Complexity",
author = "Wheatley, {Steven Michael}",
note = "This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Chinese Journal of International Law following peer review. The definitive publisher-authenticated version Steven Wheatley, The Emergence of New States in International Law: The Insights from Complexity Theory, Chinese Journal of International Law, Volume 15, Issue 3, September 2016, Pages 579–606, https://doi.org/10.1093/chinesejil/jmw006 is available online at: http://chinesejil.oxfordjournals.org/",
year = "2016",
month = sep,
day = "1",
doi = "10.1093/chinesejil/jmw006",
language = "English",
volume = "15",
pages = "579--606",
journal = "Chinese Journal of International Law",
issn = "1540-1650",
publisher = "Oxford University Press",
number = "3",

}

RIS

TY - JOUR

T1 - The emergence of new states in international law

T2 - the insights from complexity theory

AU - Wheatley, Steven Michael

N1 - This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Chinese Journal of International Law following peer review. The definitive publisher-authenticated version Steven Wheatley, The Emergence of New States in International Law: The Insights from Complexity Theory, Chinese Journal of International Law, Volume 15, Issue 3, September 2016, Pages 579–606, https://doi.org/10.1093/chinesejil/jmw006 is available online at: http://chinesejil.oxfordjournals.org/

PY - 2016/9/1

Y1 - 2016/9/1

N2 - Doctrinal controversies and the disputed international status of Kosovo and Palestine suggest that it is difficult for us international lawyers to know with any certainty when a new State has emerged in the international community. The contention here is that we should look to systems theory thinking—specifically complexity theory—to make sense of the law on statehood. Systems theory directs us to conceptualize the State in terms of patterns of communications adopted by law and politics actors and institutions and applied to subjects. Complexity tells us that these patterns develop without any central controller or guiding hand and that they exist only as a consequence of the framing of law and politics communications by a third party observer. The argument developed in this article is that these insights can provide the intellectual “scaffold” around which we can build our model of the international law on statehood.

AB - Doctrinal controversies and the disputed international status of Kosovo and Palestine suggest that it is difficult for us international lawyers to know with any certainty when a new State has emerged in the international community. The contention here is that we should look to systems theory thinking—specifically complexity theory—to make sense of the law on statehood. Systems theory directs us to conceptualize the State in terms of patterns of communications adopted by law and politics actors and institutions and applied to subjects. Complexity tells us that these patterns develop without any central controller or guiding hand and that they exist only as a consequence of the framing of law and politics communications by a third party observer. The argument developed in this article is that these insights can provide the intellectual “scaffold” around which we can build our model of the international law on statehood.

KW - Statehood

KW - Recognition

KW - Complexity

U2 - 10.1093/chinesejil/jmw006

DO - 10.1093/chinesejil/jmw006

M3 - Journal article

VL - 15

SP - 579

EP - 606

JO - Chinese Journal of International Law

JF - Chinese Journal of International Law

SN - 1540-1650

IS - 3

ER -